Terms & Conditions
- Definitions & meanings
- In this contract
- ‘We’, ‘Us’ and ‘Our’ means Reclaim CCI which is a trading name of Reclaim CCI Pty Limited, registered in Australia. Registered Company ABN 78 657 900 331 and registered office address is Level 3 – 29 Kiora Road – Miranda – NSW – 2228.
- ‘You’ means the person(s) whose name(s) and signature(s) appears in the Engagement Instruction.
- ‘Claim’ means the seeking of compensation or damages from a Third Party.
- ‘Our Fee’ means the amounts that we will charge you under this agreement for providing our service as contained at paragraph 6 of this agreement.
- ‘Financial Benefit’ means any and all of offers of compensation, damages or gesture of goodwill resulting from the Claim.
- ‘Letter of Authority’ means the documented authority given by you to us to act on your behalf, which you sign to enter into this agreement and to provide your instructions to us, and which we will send to the Third Party to evidence our authority to act on your behalf.
- ‘Consumer Credit Insurance’, ‘Loan Protection Insurance’ means all insurance policies, whether called ‘Consumer Credit Insurance’, ‘Loan Protection Insurance’ or otherwise, the purpose of which is to insure against accident, sickness or unemployment and to provide for payment of a financial obligation for the period of the insurable loss.
- Personal Information’ means information and documents which contain data which relates to you.
- ‘Third Party’ means either the organisation that provides or provided you, or sold you, Consumer Credit Insurance, Loan Protection Insurance, or any other organisation that subsequently assumed the liability of that organisation.
- ‘AFCA’ means the Australian Financial Complaints Authority.
- In this contract
- The parties to the contract
- This contract is between you and us.
- The services we provide under this agreement, once commenced, are personal to you because it relates to you and your Consumer Credit Insurance’, ‘Loan Protection Insurance, and therefore your rights and responsibilities in this contract cannot be assigned to any other person.
- We can assign our rights and responsibilities in this contract provided that the person we assign it to agrees to provide the same services to you in accordance with this contract. We will write to you before any assignment is made to ensure that you are aware that it is happening. In such circumstances you have 14 days in which to cancel this agreement without charge (this is in addition to the rights of cancellation set out at section 7 below)
- Our service
- Before offering our service to you we asked you some questions to ensure that it is suitable for you. We decided to provide our service to you because you have told us that you believe you hold, or have held, a Consumer Credit Insurance, Loan Protection Insurance policy. We cannot continue to provide our service to you until you have confirmed that this information is correct which you must do so by signing our Letter of Authority.
- It is important that you accurately answer any questions we ask you, and let us know if you later think any of the information you have provided is inaccurate.
- Upon receipt of your signed Letter of Authority we will contact you to confirm we have received your signed documents.
- After the expiry of a 7 day cooling off period, we will contact the Third Party. (i) If you have provided us with details of a policy or account we will ask them to confirm whether they hold responsibility for the sale of the Consumer Credit Insurance, Loan Protection Insurance to you and to identify all Consumer Credit Insurance, Loan Protection Insurance policies they provide, or have provided, to you. If they confirm that this is the case we will submit a Claim to them based upon the information you have provided to us. We may need to confirm that information with you if the Third Party identifies more than one Consumer Credit Insurance, Loan Protection Insurance policy relating to you. (ii) If you are unsure whether you hold, or have held, Consumer Credit Insurance, Loan Protection Insurance policy we will first ask the Third Party to identify all such accounts and policies before proceeding as set out above in (i).
- If the Third Party does not provide the requested information to us, we will write to them again to ask them to provide it to us and provide them a final time in which to respond. In the event that the Third Party still does not reply to us we will submit a Claim to them based upon the information you have provided to us.
- If the Third Party does not make an offer of Compensation, or doesn’t respond to the Claim or has ceased to exist, we will refer the matter to AFCA but will only do so with your consent.
- We will also refer the Claim to AFCA if the Third Party rejects the Claim because they do not believe the Consumer Credit Insurance, Loan Protection Insurance policy was mis-sold to you, and we believe based upon the information you have provided, that the Claim could be presented to AFCA and have good prospects of resulting in Financial Benefit. We will only do so with your consent.
- There may be circumstances in which the Third Party makes an offer of Financial Benefit which may not represent the total redress which we think you are entitled to. In such circumstances we will ask you whether you want to accept the offer or if you want us to present the Claim to AFCA in order to try and obtain the full Financial Benefit which we think you are entitled to.
- You must advise us if any of the following circumstances apply:
- You are currently behind with any payments due to the Third Party (such as loans or credit cards), or you are subject to any formal or informal insolvency arrangements including a part 9 debt agreement and Debt Management Plan.
- You have ever been made bankrupt or it is likely you may be made bankrupt in the next 12 months.
- During the course of providing our services to you any of the matters set out in 3.10.1 or 3.10.2 apply to you as a result of a change in your circumstances.
- Our Service, and therefore the contract between you and us, will end when any one of the following events occur (i) We write to you and advise you that we do not believe that we can obtain any reasonable Benefit for you, (ii) You, or we, receive an offer of Financial Benefit from the Third Party or AFCA which we believe represents all of the redress you are entitled to receive, (iii) You, or we, receive an offer of Financial Benefit from the Third Party which we do not believe represents all of the redress you are entitled to but you decide that you do not want us to present the matter to AFCA, or you do not advise us whether you want to accept the offer or not within 28 days of us notifying you of the offer, (iv) We have exhausted the application with AFCA and you do not receive an offer or order of Financial Benefit.
- We are often reliant upon information provided by the Third Party in order to calculate whether the Third Party has provided the correct amount of Financial Benefit. In this regard the accuracy of our calculations is limited to the accuracy of the information provided to us.
- Your rights & responsibilities
- You appoint us as your sole agent so that we can liaise with the Third Party.
- You must ensure that you always supply truthful and accurate information when we request it and promptly notify us of any changes in your circumstances.
- You must retain and forward any correspondence you receive from the Third Party within 5 working days of receiving it.
- Whenever we write to you and request you to either (i) read, complete and send documents to us, (ii) provide information or documents to us, or (iii) do anything else which we require you to do to enable us to provide our service you must do so within 14 days of our request. If you do not do this we will write to you to remind you and provide a final 14 days in which for you to do so. If you still fail to do so we shall be entitled to terminate this agreement.
- You should consider the information contained in this document carefully and exercise your right of cancellation if you no longer wish to progress with our services.
- Other important information
- You may have rights to seek a remedy from the Third Party by other means, for example by filing your claim with a court or joining a class action. In the event that your claims is settled or referred to AFCA you may lose some or all of your rights to pursue your claim in a different way.
- We consider that the most efficient way for you to pursue your claim is through AFCA. This agreement is entered into on the basis that we will only assist you in pursuing your claim through AFCA. If you are unsure whether that option is in your best interests you should seek legal advice before entering into this agreement.
- Our total liability under this Contract shall be limited only to damages which were reasonable and foreseeable at the time this contract was made.
- We shall not be liable for failure to comply with our obligations under the contract due to an event which is beyond our reasonable control and we will endeavour to provide the services within a reasonable period of time.
- Any notice, other than in respect of a cancellation or complaint, to be given under the contract by either party to the other must be in writing and be served by post to the address of the other party given in the Engagement Instruction. Service of the written notice is deemed to be 48 hours after posting.
- You have the right to obtain legal advice and consider using the Australian Financial Complaints Authority without our help.
- These Conditions (and any non-contractual matters arising under them) are governed by Australian law.
- Our fee
- We will charge you our fee on the first occurrence of either of the following events:
- You, or we, receive notification of an offer of Financial Benefit from the Third Party or AFCA (whether orally or in writing) which we believe represents all of the redress, whether you accept this or not.
- You, or we, receive notification of an offer of Financial Benefit from the Third Party (whether orally or in writing) which we do not believe represents all of the redress you are entitled to but you decide that you do not want us to present the matter to AFCA, or you do not advise us whether you want to accept it or not within 28 days of us notifying you of the offer.
- Our fee is 30% plus GST of the Financial Benefit which is offered to you under either 6.1.1 or 6.1.2 above. For example if the Financial Benefit is $1,000.00 our fee would be $330.00.
- There may be circumstances in which the Financial Benefit consists only of reducing money which you owe to the Third Party and in such circumstances you would still have to pay our Fee. For example if the financial benefit is $1,000.00 consisting of $300.00 to be paid to you by the third party or compensation scheme, and $700.00 used to reduce the money you owe to the third party, our fee would be $330.00. You should think carefully about whether this might apply to you and how you would pay our fee in such circumstances.
- We will send an invoice to you when our fee becomes due as set out above. You must pay that fee within 14 days from when the redress or financial benefit is received from the lender.
- We will charge you our fee on the first occurrence of either of the following events:
- Appointment of Lawyers
- You authorise us to appoint lawyers as we consider necessary to assist with your claim from time to time. You will not be charged for legal advice that we receive except if AFCA makes an order for the payment of legal costs. In that event, the costs ordered will be part of our fee.
- Cancellation & termination
- You can cancel this contract within 7 days of entering into it and you will not have to pay anything to us.
- After the conclusion of the cancellation period contained in paragraph 7.1 you can still ask us to cease providing our services at any time but not if this agreement has already ended in accordance with 3.11 above. If you cancel the contract under this clause we will not charge you for the work undertaken by us prior to cancellation.
- We can terminate this agreement if you materially breach any of your responsibilities and you fail to rectify your materially breach within 28 days of us telling. We will attempt to do both by telephone and post.
- Use of your information
- We will comply with our obligations under the Privacy Act 1988 as amended from time to time. You consent to Us passing on your personal information to all Third Parties we deem necessary to provide our services.
- We may use outsourcing partners, including software providers, to deliver of our service and as such you consent to us passing your personal information to those outsourcing partners in order that we may perform our obligations under this agreement.
- If you want to know exactly what personal information we hold about you, You can obtain it from us by making a Subject Access Request and paying a fee of $20.00 to us. If it transpires that the information held is inaccurate, we will make the necessary amendments and confirm to you that these have been made.
- To obtain a copy of the personal information held by us, please write to the Data Protection Officer at the address shown in 1.1.1 of this agreement and enclose a cheque for $20.00.
- On occasions it may be necessary for us to disclose your personal information to regulatory bodies as part of our regulatory obligations.
- We may send you updates and information in relation to us and our products and services. You have the right to ask us not to use your information for such purposes and you can exercise your right to prevent this by indicating this when we collect the information. You can also exercise this right at any time by contacting us in writing.
- Referral Scheme
- If you refer someone to use our services, you will be entitled to $100 payment. For us to honour this payment, the following terms must be satisfied:
- If you have a successful claim, you must have paid our fees in full
- The referred person must have a successful claim
- The referred person must have paid our fees in full
- The total value of the referred persons successful claims must exceed $1,500.
- Please refer to our complaints procedure contained within this form
Frequently Asked Questions
How much am I entitled to?
Will you deal with everything for me?
How much do you charge?
What if I have any further questions?
We want you to be completely satisfied with the service that you receive, so do not hesitate to contact us via our live web chat or email. email@example.com
What paperwork do I need to complete and send back to you?
Can I cancel my agreement with you?
A member of the senior management of Reclaim CCI will handle all complaints bought to us and they will provide the answers and any redress. All of our clients’/customers’ complaints will be handled fairly and promptly. You will receive an acknowledgement of your complaint within five working days of receipt, either in writing or by email, and We will explain how We will handle your complaint and tell you what you need to do. A complaint can be made by any reasonable means.
- A member of the senior management team will take full details from you, including all reasons for the complaint.
- We will review and understand what redress you are seeking and why.
Our Schedule of Events
- We will acknowledge the complaint in writing within five days and confirm our understanding of the reason for your complaint.
Within eight weeks we will send to you either:
- Our final response to your complaint; or
- A response which explains why we still cannot make a final decision giving reasons for the delay and indicating when we expect to be able to provide a final response.